Interesting to see Judge Jed Rackoff ruling against Terra Firma in its EMI case this week on the question of the maximum level of damages that Terra Firma could win if the Court finds in its favour.
He held that the maximum pay-out could be US$2 billion rather than the US$8 billion of punitive damages claimed by Terra Firma.
Is that encouraging for Citigroup? Maybe. But this dispute is more about each side’s reputation than the money. Moreover, a clearer indication of the Judge’s view may be his aside that he regards this as a “catfight between two rich companies”. That suggests that he may not have vast wells of sympathy for either party. All of which should point to a settlement being the right answer, rather than the continued enormous expense of litigation. The only problem there is that, as pointed out in my blog of October 22nd, each party needs to feel that its reputation has been saved by virtue of any settlement. As so often in negotiation, face-saving options for the participants are the most critical part of the deal….
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Clive Rich on smarta.com
Interview on deal-making for Smarta.com - the expert website for Business Owners -
Clive Rich
Clive Rich, the creator of the Closemydeal app, is also a professional negotiator. He has made deals happen for the likes of Simon Cowell, Sony, MySpace and the Royal Opera House..
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The Futures Agency ...
Delighted to be part of the newly formed “Futures Agency”.
This new grouping of digital strategists and futurists has been put together by leading media futurist, Gerd Leonhard. The group offers international consultancy services to companies and organisations looking for a glimpse of the future and wanting to position themselves for tomorrow.
Check out some of the really cool and experienced members of this group at www.thefuturesagency.com.
My expertise is as the Futures Agency’s resident legal and deal-making expert. I’m looking forward to deploying for clients some of the negotiation tips from my iphone app “Close My deal” -www.closemydeal.co.uk
There are many different business cultures all around the world, but it’s amazing how similar we all are when it comes to the basic ground rules of effective negotiation – rules that are rarely taught or practised. In every country win/win is the attitude that makes for successful deal-making. All good negotiators will also have a command of negotiation process, always knowing what stage of a negotiation they are at. They will be able to identify and work positively with the needs of others, and they will know how to choose the right behaviour for the right occasion (there are 12 to choose from by the way). They will be able to deal with tough guys and also know how to evaluate the bargaining power in any deal – who holds the Aces?
Doesn’t matter if they are from the UK, US, China or Timbukto, good negotiators all have the same underlying DNA….